The UBA Committee Appealed to the AMCU and the Verkhovna Rada Committee to Improve Antitrust Legislation

2020-10-15

KYIV - October 15, 2020. In their appeals, the experts of the UBA Committee on Competition Law stressed the need to improve the legislation in this sphere and said they are ready to assist state institutions in the reform process.

AMCU & legal uncertainty

The UBA Committee on Competition Law sent an open letter to the Head of the Antimonopoly Committee of Ukraine Olga Pishchanska. In their address, the experts of the UBA Committee:

1. Focused on some aspects of legal regulation of vertical restraints, which create legal uncertainty about the possibility of business entities to apply commission agreements when selling goods;

2. Outlined possible ways to resolve this situation and

3. Invited the AMCU to public discussion.

On July 31, the UBA Committee requested clarifications from the AMCU on the application of competition law to the commission agreements in terms of exempting them from assessment as vertical concerted actions.

On September 1, the AMCU responded that the commission's agreements were not currently covered by such exception.

Given that in this case there is legal uncertainty about the compliance with competition law in the conclusion of commission agreements between business entities, the lawyers of the UBA Committee prepared a legal position for discussion with the AMCU.

The full text of the open appeal is available by the link (in Ukrainian).

Parliament Committee & Antitrust Reform

Experts of the UBA Committee also appealed to the Chair of the Verkhovna Rada Committee on Economic Development Dmytro Natalukha to discuss the long-awaited draft law in the field of protection of economic competition. The purpose is to increase the efficiency of legal regulation in this sphere.

On April 14, the UBA sent proposals to the Verkhovna Rada Committee on the draft law “On Amendments to Certain Laws of Ukraine on Competition and Antitrust Reform” № 2730-2, with a request to consider them at the invitation of the UBA representative.

Consideration of the draft law has not yet taken place, but the urgency of issues it addresses continues to grow.

The full text of the open appeal is available by the link (in Ukrainian).

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